III. And be it further enacted, That from and after the first day Former act of July next, the first section of the act, entitled "an act relative to repealed. district attornies," shall be and the same is hereby repealed. where no dis IV. And be it further enacted, That if there shall be any county Provison. withio this state, in which there shall reside no person of the degree trict attorney of counsellor at law in the supreme court, or where no district at shall reside. torney shall have been appointed, it shall be lawful for any court of oyer and terminer and gaol delivery or general sessions of the peace, to appoint some person from time to time to transact the business of district attorney, during the then sitting of such court; and the person so appointed shall be entitled to the same compensation for the services he shall perform, as any district attorney appointed by virtue of this act, and his account shall be audited and paid in like manner as the accounts of district attornies are audited and paid. V. And be it further enacted, That no travel fees shall be allowed to any district attorney appointed pursuant to this act. VI. And be it further enacted, That the compensation which is allowed by law to the said district attornies shall be paid by the respective counties, for which the said district attornies shall be appointed, and that their accounts, to be taxed by any officer authorised to tax costs in the supreme court, shall be allowed by the su pervisors of the said counties respectively, and the amount thereof assessed and collected as part of the contingent expences of said county. Travelling fees abolish ed. Supervisors of each coun ty to pay the fees of its dis :rict attornies by district at VII. And be it further enacted, That all fines and recognizances Fines, &c. to which may be imposed and forfeited in any of the counties within be collected this state, shall be collected by the ditrict attornies thereof, and paid tornies. to the county treasurer for the use of the county. pleas may ra VIII. And be it further enacted, That the courts of common Common pleas of the several counties within this state, of which the first or mit &c. fines presiding judge shall always be one, for the purposes herein expressed, shall possess the like powers relative to the collection and remission of fiues and forfeited recognizances, as are by law for that purpose vested in the court of exchequer. for certain nies. IX. And be it further enacted, That no district attorney shall ex- Allowance act, demand or receive or be allowed any greater or other fee or re-services by ward for the services herein specified, than after the rate following, district attor to wit: for drawing every indictment actually agreed to by the grand jury, at any court of oyer and terminer and gaol delivery and gen eral sessions of the peace, nineteen cents for every folio containing ninety words, and for engrossing, twelve and a half cents per folio; but no allowance to be made for any indictment which shall be quashed, or upon which the judgment is arrested by reason of its insufficiency. Every bench warrant actually and necessarily issued to bring in a defendant, twenty five cents, but no allowance to be made for more than one warrant on every indictment against several defendants, who reside in the same county, nor a secoud warrant upon the same iudictment, unless the previous warrant shall have been duly returned, not served, after a reasonable time for the service thereof shall have been allowed, arguing the matter where the defendant shall submit, one dollar and twenty five cents, but no allowance to be made, unless the same is in fact argued. Every subpoena actually issued, twenty five cents, but no allowance to be made for more than one subpoena for each witness on any one indictment. A certain part of out CHAP. CCLXXXIV. AN ACT for the relief the President, Dircetors and Company of the Hillsdale and Chatham turnpike road. Passed April 21, 1818. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall and may be lawful for the president, directors and company of the Hillsdale and Chatham uropike road, to execute, under their seal, a release to the people of this state of all their right and title in and to all that part of the said road, commencing at the intersection thereof with the Rensselaer aud Columbia turnpike road, and extending from thence southerly the distance of five miles and no more, and to cause such release to be entered of record, in the book of deeds kept by the clerks of the counties of Columbia and Rensselaer respectively, and that from and immediately after the entry of such release, the said president, directors and company shall be released from all responsibility and liability to keep that part of the said road so released in good order and repair, and that all that part of the said road so released, shall thenceforth be deemed and considered a public highway, to be kept in repair, and subject to such regulations and alterations as the other highways within this state: Provided however, that such release shall contain a clause releasing the right of said company to erect the additional toll gate authorised by the tenth section of their act of incorporation: And provided further, that nothing in this act contained, shall be construed to defeat or impair the right of said company, or to release them from the obligation imposed upon them by the said act of incorporation, as to the residue of the road authorised or directed to be made, improved and kept in repair, in and by the said act. CHAP. CCLXXXV. AN ACT in addition to an act, entitled " an act declaring part of the outlet of Crooked Lake a public highway," passed March 24, 1809. Passed April 21, 1818. 1. Be it enacted by the people of the state of New-York, represented in senate and assembly, That all that part of the outlet of le declared Crooked lake, from Waggoner and Gilletts mill pond in the town of Benton, down to the falls of said outlet, in said town of Beuten, be and the same is hereby declared a public highway. a public highway, and dams. II. And be it forther enacted That the owner or owners of any Duty of own mill or other dam or dams across said outlet, (or such part thereof ers of mills as is hereby declared a public highway) shall, as soon as hereafter directed, so alter the same by making a slope or apron thereto on an angle of ost more than forty-five degrees, planked in such manner, and of sufficient width as to afford a convenient passage for saw logs over such dam or dams; and in case the owner or owners of any such dam or dams, shall neglect to alter the same as afor sa 1, within the time above mentioned, such owner or owners shall for each and every year that they shall neglect or refuse to comply as as aforesaid, forfeit and pay the sum of one hundred dollars, to be recovered with costs of suit, by any person who shall prosecute for the same, the one half to be paid to the overseers of the poor in the town or towns in which the offence shall have been committed, aud the other half to the person prosecuting for the same. III. And be it further enacted, That nothing herein contained shall be so construed as to prevent any person owning a mill seat or other privilege on said outlet from erecting a dam or dams across the same, provided such dam or dams shall be so constructed as not to interfere with the privileges intended to be given by this act. Penalty for neglect. Penalty for IV. And be it further enacted, That if any person shall, after the passing of this act, so obstruct the navigation of said outlet, by obstruoting the erection of any dam, or by falling timber across or into the navigation. same, the person so offending shall forfeit the sum of twenty-five dollars for every such offence, to be recovered with costs of suit, by any person who shall prosecute for the same, the one half to be paid to the overseers of the poor of the town in which the offence shall have been committed, the other half to the person prosecuting for the same. making a dams. V. And be it further enacted, That the person or persons who Duty of ow shall consider themselves aggrieved by any obstruction, for the want of ers &c. in au apron on any such dam or dams, that are now or shall hereafter prons to their be constructed on the said outlet, such owner or owners, on the application of such person or persons, shall, as soon as may be thereafter, so construct such apron as will admit the floating logs over the same, agreeable to the intentions of this act; and such owner or owners, so constructing their dam or dams as aforesaid, shall be entitled to receive from such person or persons, so applying for the building such apron, such reasonable expenses as the same shall cost, and necessary to be expended; and in case of any disagreement as Accounts' to such expense between the parties, such accounts shall be audited how adjust by three commissioners, who shall be appointed by the court of com ed. mon pleas, in and for the county of Ontario, and their decision shalt be conclusive. Town of New Lebapon erected. Cansan. Poor and CHAP. CCLXXXVI. AN ACT to divide the town of Canaan, in the county of Columbia. 1. Be it enacted by the people of the state of New-York, represen ted in senate and assembly, That from and after the thirty-first day of March, in the year one thousand eight hundred and nineteen, all that part of the town of Canaan lying north of a line beginning on the eastern boundary line of said town, five miles and three quarters of a mile from the northern end thereof; thence ruoning westerly until it intersects the division line between the towns of Canaan and Chatham, three miles and a half south of the northern boundary line of the said county of Columbia, shall be and hereby is erected into a separate town to be called by the name of NewLebanon; and that the first town meeting shall be held at the dwelling house of Isaac Everest, in said town, on the first Tuesday in April next. II. And be it further enacted, That all the remaining part of the town of Canaan shall be and remain a separate town, by the name of Canaan, and that the next town meeting shall be held at the dwelling-house of Ebenezer Southerland, in said town. III. And be it further enacted, That as soon as may be after money divi the first Tuesday in April next, the supervisors and oversees of the poor of the towns of New-Lebanon and Canaan, notice being first given for that purpose, shall meet together and divide the money and poor belonging to the town of Canaan previous to the division, agreeable to the last tax list, and that each of the said towns shall forever thereafter respectively maintain their own poor. Town debts of Canaan Now paid, IV. And be it further enacted, That each of the said towns of Canaan and New-Lebanon, shall pay an equal half part of the public debts of the present town of Canaan, CHAP. CCLXXXVII, AN ACT for the relief of Charles Hatch. Passed April 21, 1818. WHEREAS, John Cochran, junior, on the first day of July, in the year of our Lord one thousand and eight hundred, obtained a grant by letters patent of lot number six, in a patent of land granted to Nathaniel Mallory and others, and in order to secure the payment of two hundred and ninety one dollars and twelve cents, with interest at six per cent. per annum, mortgaged the said lot of land to the people of the state of New York: And whercas, the said lot of land was stated in the said letters patent to contain three hundred and seventy-one acres and three quarters of an acre of land: And whereas, by an inspection of the boundaries and description of the said lot of land, as coutained in the said letters patent, there appears to be a mistake and deficiency of eighty-eight acres of land in the said lot: And whereas, the said Charles Hatch has, by his petition, represented that he has purchased of the said John Cochran, jun. the north end of the said lot of land, believing it contained two bundred and fifteen acres and three quarters of land, and agreed with the said John Cochran, jun. to pay to the people of this state the sum due to them for so much of the said lot; and that the said deficiency falls exclusively on him the said Charles Hatch: Therefore, Be it enacted by the People of the State of New-York, represented in Senate and assembly, That the comptroller, be and he is hereby authorised and required to endorse on the said mortgage of the said John Cochran, junior, the payment of sixty-six dollars, together with the interest thereon, at six per cent. from the date of the said mortgage, for the use and benefit of the said Charles Hatch. CHAP. CCLXXXVIII. AN ACT to cede the jurisdiction of certain lands on lake Ontario to the United States, and for other purposes. Passed April 21, 1818. Certain land on the Galioo island in lake ded to the I. Be it enacted by the people of the state of New-York, represented in senate and assembly, That the commissioners of the land of fice of this state, be and they are hereby authorised and required Ontario ceto cede to the United States, the title and jurisdiction of this state v. s. to so much land on the Galloo island on lake Ontario, within this state, as they shall deem necessary for the purpose of erecting a light house thereon: Provided always, that the tract of land so Proviso. granted shall not exceed five acres: And provided further, that such cession shall not impede or prevent the execution of any process viso. at law under the authority of this state, except against the real or personal property of the government of the United States. Further pro to any state II. And be it further enacted, That that the property so ceeded Land ceded shall be, and hereafter is exonerated and discharged from any tax not subject es which may be laid or imposed under the authority of the gov- tax. ernment of this state, while said land shall remain the property of the government of the United States, and while the same shall be appropriated to the purpose intended by this act, and not otherwise. III. And be it further enacted, That it shall be lawful for the Gov, to diperson administering the government of this state, to appoint such rect the forti person or persous to take charge of the fortifications belonging to the narrows this state at the barrows, as he may think proper; and that he may in charge. allow such compensation for the services and expenditures in the premises, of such person or persons, as he may think just, not exceeding in the whole at the rate of five hundred dollars per annum; which compensation shall be paid by the treasurer, on the warrant tion allowed, of the comptroller. fications at to be taken Compensa IV. And be it further enacted, That that the treasurer, on the war- 1670 dollars rant of the comptroller, pay to the order of the person administering the appropriated government of this state, the sum of sixteen hundred and seventy dol- certain ac for paying counts. |